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…In order for the defendants to avoid payment of the claim on this last ground it must show that its mistake rendered the contract nullity one naturally turns to the decision of the House of Lords in Bell vs Lever Brothers…

…I feel that the best and briefest statement of what that cure decided is Lord Denning (then Denning L J) in Solle vs Butcher [1950] 1 TLR at p 458, which reads: “Let me first consider mistakes which render a contract a nullity…

…The grounds on which the Court may make a decree of nullity of marriage include the willful refusal of the Respondent to consummate the marriage and the fact that consent of the Petitioner to the marriage was obtained by…

…It is clear that the marriage between the parties was voidable because it exists until the court pronounces a decree of nullity at the instigation of the Petitioner.…

…A fundamental defect will make it a nullity.…

…The court should not readily treat a defect as fundamental and so a nullity, and should be anxious to bring the matter within the umbrella of Ord 70 when justice can be done as a matter of discretion, still bearing in mind…

…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…

…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…

…Under section 14 of the Matrimonial Causes Act a marriage may be declared a nullity on inter alia grounds that: “14(1)(b) the marriage had not been consummated owing to the willful refusal of the respondent to consummate…

…It is on this limb that I declare the union a nullity and therefore void. Costs of this petition shall be borne by the respondent. Delivered and dated this 10th day of December 2010 at Malindi. H. A. Omondi JUDGE Mr.…

…Firstly he argued that the petition served had not been sealed or signed by the court and as such was a nullity. In support of this contention he referred the court to the case of R. vs H.…

…Sharma (11949) 2 All ER 207 in which at page 210, Lord Goddad stated at letters A to D that lack of such matters if required b y a statute as a condition precedent renders the document a nullity.…

…Although dealing with service under rule 15, the Court was emphatic that there being no personal service and the advertisement in the gazette being out of time, the proceedings were a nullity.…

…Failure to serve within the stipulated 10 days renders any consequential proceedings a nullity. In our view the subrule is complete and positively states what to be done by who, on who and in which time span.…

…That on expiry of the 28 days before service, the petition ceased to be of any efficacy and thus became a nullity thereafter.…

…The Court was told that after 28 days in fact the petition itself became invalid and therefore a nullity that even serving it by any mode could not breathe life in it. That it could all be a futile exercise.…

…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…

…It was up to court, when it was pointed out in an application for review that judgment was entered against some defendants without being heard, to hold that the whole arbitration proceedings were a nullity in the interest…

…The point here is not of fresh evidence but the point of law which underlie the proceedings the effect of which render the proceedings a nullity.…

…has also been held that: “an exparte attachment before Judgement without directing the defendant either to furnish security or to appear and show cause why he should not furnish security breached order 38 r 5 and was a nullity…

…It therefore is apparent that the extension of time granted by Platt J. was a nullity. Any steps taken thereafter are therefore of no consequence. But the orders of Platt J. were not challenged on appeal.…

…The trial court did not restate the evidence and Counsel therefore invited this court to find this judgment by the lower court is a nullity.…

…Divorce Act by virtue of the provisions of section 4 of the latter statute), the marriage intended to be contracted on 9.12.95 between the defendants would be invalid and of no legal effect and accordingly such an obvious nullity…

…The letter of Consent is null and void and the whole transaction is a nullity due to failure of obtaining the Land Board Consent within the stipulated period according to law.…

…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…

…The second Chamber Summons dated 13th November, 1995 prayed that all proceedings, judgement and orders in P.M.C.C.No. 303/95 be declared a nullity for the reasons that Mrs. Nzei deponed to in her supporting affidavit.…

…It follows from this that the petition was not served in accordance with the law and is therefore a nullity. Accordingly it must be struck out.…

…The appellant wishing to resile from the agreement of sale alleges that the Land Board Consent obtained for the sub-division and sale is a nullity since it was granted outside the period of three months allowed under section…